# Fault in Big Rig Accident | Attorney Brian White **Table of Contents***[*Expand*]* 1. Defining a “Big Rig” 2. What Makes Commercial Truck Accidents So Dangerous? 3. Determining Fault in a Big Rig Accident 4. What If I Am Partially at Fault? 5. Call the Houston Truck Accident Lawyers at Attorney Brian White Personal Injury Lawyers today for Help Truck accidents can be catastrophic. Victims who sustain injuries can face long-term consequences. Commercial trucks are heavier than personal cars and trucks, and they often carry hazardous materials. According to data from the Federal Motor Carrier Safety Administration, there were nearly 3,500 fatal truck accidents in 2014 alone. Because they have the potential to be so dangerous, we hold operators and manufacturers of big rigs to a high standard in accident cases. Learn who may be at fault for an accident and how to pursue a truck accident claim. If you’re looking to file a truck wreck claim, speak to a [truck accident lawyer in Houston](https://attorneybrianwhite.com/houston-tx/truck-accident-lawyer/) today. ## Defining a “Big Rig” A truck, or big rig, is the name given to any vehicle used in the course of business transporting commercial goods. A big rig may be an 18-wheeler, a tractor-trailer, a semi-truck, or a delivery truck. A [commercial vehicle](https://attorneybrianwhite.com/houston-tx/commercial-vehicle-accident-lawyer/) requires a special license to operate: A standard pickup truck, for example, is not a commercial truck. For a legal consultation call [(713) 500-5000](tel:+17135005000) ## What Makes Commercial Truck Accidents So Dangerous? Though accidents involving commercial vehicles are less common than those between passenger vehicles are, they’re more likely to cause injury. A commercial big rig, when fully loaded, can weigh 80,000 pounds or more. ## [Determining Fault in a Big Rig Accident](https://attorneybrianwhite.com/blog/how-to-determine-fault-after-a-truck-accident/) Driver, manufacturers, and mechanics of commercial trucks are held to a higher standard of care than individuals are. We all have a duty to exercise reasonable care on the road by obeying traffic laws and minimizing our distractions. If not, we can be guilty of negligence. Truck drivers, by contrast, must exercise their highest level of care. Attorneys, insurance companies, and law enforcement officials will look at a variety of factors when assigning fault in a commercial truck accident. Common causes of truck accidents include: - Driver fatigue. Drivers must meet strict schedules with mandated breaks and must get a certain number of hours sleep per night. Failure to log breaks or sleep is negligence. - Driver distractions, such as texting or operating GPS apparatus. - Driver intoxication. - Improper loading. If a truck’s load is imbalanced, the truck may become unwieldy and more prone to crashing. - Truckers must make pick-up and delivery times, causing them to rush and drive recklessly. - Improperly maintained vehicles. All commercial trucks on the road must make certain maintenance milestones, which must be logged. - Defective Brakes. - Improper training. In many of these cases, it seems the operator of the truck is at fault for the accident, but this isn’t always true. For example, a trucker’s employer may have negligently hired the driver by failing to conduct appropriate background checks or drug testing. The employer may have neglected to provide proper training or ot check logs regularly to ensure truckers are taking mandated breaks and sleeping enough. The manufacturer of a truck may also be to blame for inherent flaws in truck design, such as defective breaks. Similarly, a contractor charged with maintaining a fleet of commercial trucks may be negligent if equipment malfunctions on the road. Finding fault in a big rig accident can be difficult, as it requires analysis of many moving parts. A Houston personal injury attorney can help determine who is responsible for conducting an investigation and determining where the breakdown in reasonable care occurred. [Click to contact](/contact-us/) us today ## What If I Am Partially at Fault? A police report may find you partially at fault for an accident. If this happens, you’re still eligible for compensation. When the fault is split between two parties, a judge will use a rule called “comparative negligence” to determine the amount of your personal injury settlement. Simply put, you can still win an award for damages, minus your degree of fault. For example, if you’re seeking $100,000 in damages, but were 10% at fault for the accident, you would receive $90,000 if you win your case. Complete a [Case Evaluation Form](/contact-us/) Now ## Call the Houston Truck Accident Lawyers at Attorney Brian White Personal Injury Lawyers today for Help Our offices Houston — Greenway/Upper Kirby 3120 Southwest Freeway, Suite 350 Houston, TX 77098 Open 24 hours daily Call [(713) 364-1466](tel:+17133641466) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%203120%20Southwest%20Freeway%2C%20Suite%20350%2C%20Houston%2C%20TX%2077098) Houston — East Freeway 11811 East Freeway, Suite 630-06 Houston, TX 77029 Open 24 hours daily Call [(713) 609-1893](tel:+17136091893) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%2011811%20East%20Freeway%2C%20Suite%20630-06%2C%20Houston%2C%20TX%2077029) Houston — South Loop 2600 South Loop West, Suite 293 Houston, TX 77054 Open 24 hours daily Call [(713) 281-4904](tel:+17132814904) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%202600%20South%20Loop%20West%2C%20Suite%20293%2C%20Houston%2C%20TX%2077054) Houston — Katy Freeway 11511 Katy Fwy, Suite 515 Houston, TX 77079 Open 24 hours daily Call [(713) 909-7537](tel:+17139097537) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%2011511%20Katy%20Fwy%2C%20Suite%20515%2C%20Houston%2C%20TX%2077079) Houston — Clear Lake 1300 Bay Area Blvd, Suite B268 Houston, TX 77058 By appointment only Call [(936) 508-2854](tel:+19365082854) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%201300%20Bay%20Area%20Blvd%2C%20Suite%20B268%2C%20Houston%2C%20TX%2077058) The Woodlands 1776 Woodstead Ct, Ste. 203 The Woodlands, TX 77380 By appointment only Call [(281) 843-9777](tel:+12818439777) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%201776%20Woodstead%20Ct%2C%20Ste.%20203%2C%20The%20Woodlands%2C%20TX%2077380) --- ### About the Author Brian White ![About the Author Brian White](https://attorneybrianwhite.com/wp-content/uploads/2024/12/brian-white-houston-personal-injury-lawyer-300x300.jpg) [Brian White](https://attorneybrianwhite.com/about/our-attorneys/brian-white/) earned his J.D. from South Texas College of Law in Houston and is licensed to practice in Texas. He is a [Board-Certified](https://attorneybrianwhite.com/resources/brian-white-is-board-certified-in-personal-injury-trial-law/) Personal Injury Trial Lawyer. Dedicated to giving back, he actively supports local charities and [community initiatives](https://attorneybrianwhite.com/about/community-involvement/). [Client testimonials](https://attorneybrianwhite.com/about/testimonials/) highlight Brian’s compassion, open communication, and dedication to achieving the best outcomes for those he represents. [Avvo](https://www.avvo.com/attorneys/77098-tx-brian-white-74113.html) / [Justia](https://lawyers.justia.com/lawyer/brian-elliott-white-201630) / [Linkedin](https://www.linkedin.com/in/attorney-brian-white-378410166) / [Facebook](https://www.facebook.com/login/?next=https%3A%2F%2Fwww.facebook.com%2FBrianWhiteLawFirm%2F/) / [Youtube](https://www.youtube.com/channel/UCDdkDcGkbY2GFTzpeTWypFQ) / [Instagram](https://www.instagram.com/attorneybrianwhite/?hl=en) / [Yelp](https://www.yelp.com/biz/brian-white-and-associates-houston) / Call or Text [(713) 500-5000](tel:+17135005000) or Complete a [Case Evaluation Form](/contact-us/) Truck Accidents Blog Posts: [![Big Rig Accidents and Driver Training: Is Commercial Truck Training Enough?](https://attorneybrianwhite.com/wp-content/uploads/2021/06/Big-Rig-Accidents-and-Driver-Training-Is-Commercial-Truck-Training-Enough-300x200.jpg)](https://attorneybrianwhite.com/blog/big-rig-accidents-and-driver-training/) [Big Rig Accidents and Driver Training](https://attorneybrianwhite.com/blog/big-rig-accidents-and-driver-training/) Commercial truck accidents cause thousands of catastrophic injuries and deaths each year. Texas consistently has the [![Truck Accident Settlements vs. Litigation: Which is Better in Texas?](https://attorneybrianwhite.com/wp-content/uploads/2024/11/Dangers-of-Overloaded-Trucks-in-Miami-FL-300x200.jpg)](https://attorneybrianwhite.com/blog/truck-accident-settlements-vs-litigation-which-is-better-in-texas/) [Truck Accident Settlements vs. Litigation: Which Is Better in Texas?](https://attorneybrianwhite.com/blog/truck-accident-settlements-vs-litigation-which-is-better-in-texas/) Deciding between settling your claim or taking your case to court is a significant choice. If you or a loved one has [![How to Report an Unsafe Truck Driver in Texas](https://attorneybrianwhite.com/wp-content/uploads/2022/09/How-to-Report-an-Unsafe-Truck-Driver-in-Texas-300x200.jpg)](https://attorneybrianwhite.com/blog/how-to-report-an-unsafe-truck-driver-in-texas/) [How to Report an Unsafe Truck Driver in Texas](https://attorneybrianwhite.com/blog/how-to-report-an-unsafe-truck-driver-in-texas/) Trucks are by far the most prominent and heaviest vehicles on Texas roads. With a full load, trucks can weigh upwards [![Aggressive Driving By Truck Drivers in Houston](https://attorneybrianwhite.com/wp-content/uploads/2022/11/Aggressive-Driving-By-Truck-Drivers-in-Houston--300x200.jpg)](https://attorneybrianwhite.com/blog/aggressive-driving-by-truck-drivers-in-houston/) [Aggressive Driving by Truck Drivers in Houston](https://attorneybrianwhite.com/blog/aggressive-driving-by-truck-drivers-in-houston/) Aggressive driving and road rage are very real issues. Always a dangerous practice for other vehicles and people on --- Source: https://attorneybrianwhite.com/blog/fault-in-big-rig-accidents/